OM WATI,NEW DELHI vs. ITO WARD-45(4), NEW DELHI

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ITA 7440/DEL/2019Status: DisposedITAT Delhi13 October 2020AY 2011-124 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal disposed of the assessee's appeal in terms of the Vivad se Vishwas Scheme, 2020. The assessee was granted liberty to recall the order if the declarations were not accepted by the Department.

What were the facts?

The assessee filed an appeal before the ITAT. The assessee subsequently filed declarations under the Vivad se Vishwas Scheme, 2020, to settle the tax matters. Approval for these declarations was awaited from the Department.

What were the issues?

Whether the appeal should be disposed of in light of the assessee opting for the Vivad se Vishwas Scheme. The primary issue was the settlement of tax disputes under the scheme.

Which sections of the Income-tax Act were involved?

Vivad se Vishwas Scheme, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES “SMC-1” : NEW DELHI

Before: SHRI BHAVNESH SAINI & SHRI RAMIT KOCHAR

Hearing: 13.10.2020Pronounced: 13.10.2020

ORDER PER RAMIT KOCHAR, A.M.

The above appeal filed by Assessee is directed against the appellate order of the Ld. CIT(A)-15, New Delhi, Dated 18.06.2019 in Appeal No. 300/18-19 ( E-appeal No.10287/18-19), for the assessment year 2011-12 . This 2 ITA.No.7440/Del./2019 Mrs. Om Wati. appeal was filed by assessee with Income Tax Appellate Tribunal , Delhi Benches , New Delhi on 11.09.2019.

2.

We have heard the Learned Representative of both the parties through video conferencing and perused the material available on record.

3.

The Learned Counsel for the Assessee at the outset submitted that assessee has filed Declarations in Form Nos.1 and 2 with the Income Tax Department under the Direct Taxes VIVAD SE VISHWAS SCHEME, 2020, vide receipt number 333997751220420 dated 22.04.2020 ( copies placed in file) to settle the matters and approval is awaited from Department. He has, therefore, submitted that appeals could be disposed of in terms thereto.

4.

In view of the above fact, since assessee has availed the benefit under VIVAD SE VISHWAS SCHEME, 2020 to settle the matters, therefore, the appeals of the assessee stands disposed of in terms thereof, subject to approval of the same by the Competent Authority. If at any stage the assessee finds that its declarations are not 3 ITA.No.7440/Del./2019 Mrs. Om Wati.

accepted by Department, the assessee is given liberty to recall this order. Appeal of the assessee is accordingly disposed of.

5.

In the result, the appeal filed by the assessee is disposed of. Order pronounced in the open Court on 13.10.2010 in the presence of both the parties.

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